Marvin Mandel, Governor                       2033

firm, vacate or modify the order appealed from. Either party to said
proceedings may appeal from the decision of such court to the Court
of Appeals of Maryland.

(f) (G) Same—Penalty for manufacture without license.—Any
person, firm or corporation who shall manufacture frozen dairy foods
or ices or frozen dairy foods and ices mix for sale in the counties of
Maryland without having obtained a license as provided by this
section, shall be guilty of a misdemeanor and shall be subject to a
fine of not less than $50 nor more than $500.

(g) (H) Same—Penalty for manufacture when license expired or
revoked.—Any person, firm or corporation, who shall manufacture
frozen dairy foods or ices or frozen dairy foods or ices mix for sale
in the counties of Maryland after their license has expired or has
been revoked, shall be guilty of a misdemeanor and upon conviction
shall be subject to a fine of not less than $50 nor more than $300
for the first offense and not less than $100 nor more than $500 for
each offense thereafter and each day shall constitute a separate of-
fense, and a repetition of such offense may be enjoined by appro-
priate proceedings in the courts of this State.

(h) (I) Selling products of manufacturer who does not hold State
license.—Any person, firm or corporation who shall sell or offer to
sell or possess with the intention of selling any frozen dairy foods
or ices or frozen dairy foods or ices mix in the counties of Maryland
that has been manufactured by a person, firm or corporation not
holding a Maryland license as provided by this section, shall be
guilty of a misdemeanor and shall be subject to a fine of not less
than $25 nor more than $100 for each offense and each day shall
constitute a separate offense. It shall be the duty of the State's at-
torney of each and every county of this State and the City of Bal-
timore, upon application of the State Board of Health to prosecute
in the court having jurisdiction of the offense, all persons charged
with the violation of any of the provisions of this section and Sec-
tion 192 of this subtitle, and where appropriate, to institute pro-
ceedings in court to enjoin further such violations.

(i) (J) Not applicable in certain cities and towns.—Nothing con-
tained in this section or in the rules and regulations of the said
Board shall be held to be effective in any city or town haying more
than 100,000 population, provided said city or town maintains its
own municipal health department and maintains a system of con-
trol over all frozen dairy foods and ices or frozen dairy foods or
ices mix under State or local law or city ordinances.

(j) (K) Accounting for and me of fees.—All fees paid under the
provisions of this section for a license to be issued by the State De-
partment of Health shall be duly accounted for by such Depart-
ment to the State Comptroller and shall be used by such Depart-
ment in carrying out the provisions of this section and Section 192
of this subtitle and shall be included in the State budget to be sub-
mitted to the General Assembly at each regular session thereof.

193A.

THE DEFINITION AND STANDARDS HERETOFORE PRO-
VIDED PURSUANT TO FORMER SECTIONS 192 (B-I), (B-II),
(B-III), (B-IIII), (C) (C-l-I), (C-l-II), (C-l-III), (C-l-IIII),